slaughtered in cold blood-when some of our troops were basely murdered, and others fairly killed in the field-that lord Moira said, "This is what England cannot, will not bear!" The propositions which he made having been treated, not merely with contempt, but with threats and menaces, he was compelled to unsheathe the sword. They had often heard it echoed in that place, that short work ought always to be made with their campaigns in India. This was a maxim founded in experience; for a second campaign in that country, though successful, was virtually a defeat, owing to the horrible expense which it occasioned. Now, let the court consider how speedily Lord Moira terminated the late contest. His declaration of war was dated in November 1814-and the dispatch announcing that Goree Misnor had arrived in his camp, offering unconditional submission, or, at least, proffering peace almost on our own terms, bore date only six months afterwards. He stated in his dispatch, that all the objects of the war were answered. The Goorkah country was taken possession of, that acquisition of territory defrayed the expenses consequent on the prosecution of hostilities-and the greatest object of the war, security for our empire, in future, was fully obtained. The conduct of Sir David Ochterlony, acting under this great man, had, he was convinced, made such an impression on the states of India, as, for a long time to come, would prevent them from embarking in warfare. He knew nothing personally of Lord Moira; but, recollecting the sentiment uttered by an hon. friend of his, at a recent court-a sentiment which was justly received with acclamations" that no servant of the company, however low, should be deprived of their protection"-he conceived, that what was due to the lowest, ought not be refused to the highest!(Hear! hear!) And, therefore, he called on the court to do ample justice, in future, to the merits and services of the noble lord. It was incumbent on them to act thus, seeing how littleness could at times pull greatness down, and recollecting that it took an entire life to build it up! As the present proceeding, if persisted in, would, out of doors, be looked on as a silent affront offered the noble lord, he thought the papers he should move for ought to be granted they would redound to his fame-and on them the proprietors could found a vote of thanks to that great commander-in-chief, whom he considered the prime-mover and powerful master-spring of all those achievements which had been detailed to the court. But the earl of Moira could not have concluded the war so speedily, if it had not been for the wise policy of a noble marquis (Wellesley) who was governor-general of India, before him, and who was very near sharing the same fate, in that

court, which now seemed to threaten the noble earl. When marquis Wellesley left India, he left it without an enemy to the company-every chief and every state was either a tributary or an ally!— (Hear! hear!) With all his abilities, with all his well-known talents, neither lord Moira, nor any other statesman nor general, could have terminated the war, in so short a period, if it were not for the prudent measures which had been previously adopted by marquis Wellesley. The energy of British counsels, British character, and British arms, deterred the Mahrattas, or any other native power, from raising an arm, while the late contest was pending. They waited for the success of the Nepaulese, before they would attempt to stir; but, if they had stirred, they would have found that it was utterly hopeless for them to do much. With these impressions on his mind, he would, when the question respecting the pension to be granted to sir D. Ochterlony was disposed of, move for the papers he had already mentioned.

Mr. Hume rose under considerable embarrassment, in consequence of what had fallen from the chair, and from his hon. and learned friend, who had just sat down. He felt the force of many of his learned friend's observations, though he would not proceed to the extent to which his learned friend was disposed to go. The conduct of lord Moira was certainly a point of very great importance, and worthy of peculiar attention, since it was their duty to look, with scrupulous attention, to the merits of those employed in the company's service; and, in that. court, they were bound to do equal justice to high and to low. No great body, looking to themselves as one of the greatest in the world, could exist, without the establishment of just rules, to guide, their own conduct and that of their servants. He felt that it was the intention of every gentleman present, who either knew sir D. Ochterlony, or had heard of his services, to do that gallant officer ample justice. Now, if his opinion were correct, the court of directors, in their zeal to distinguish sir David, in the manner which his merits seemed to demand, had deviated from those rules which had been laid down for the government of their conduct, generally. This placed the proprietors in an aukward situation. For if, on this account, they now refused the grant, it would seem as if they thought lightly of the gallant general's services. (Cries of no!) He hoped it would not so appear;-but, for his own part, he certainly thought it would. Undoubtedly, their bye-laws should be strictly attended to. The present was the second court that had been held since they were renewed, and they ought not to depart from the observance of rules, thus recently and solemnly laid down. That a

with all the facts of his case before the court of directors, the proprietors refused to accede to the motion.

Part of the speech of the hon. chairman he highly disapproved of. He should not, in speaking of sir D. Ochterlony, have thrown an imputation on the conduct of other officers. He might have praised his talents, without depreciating the abilities of others. This he had not done; for, if he understood the hon. chairman correctly, he said, that "all the other officers were unsuccessful," while general Ochterlony attained every object he had in view-thus throwing a reproach on many individuals, possessed of courage and ability, some of whom he knew. He was well acquainted with the commander of the second division-he had served with him for four years-and could speak confidently of his merit. That officer was directly inculpated by the declaration of the hon. chairman.(Hear! hear!) He regretted extremely that the court of directors had not acted in a more manly manner, with respect to earl Moira. If the conduct of that noble lord was wrong in beginning the Nepaulese war, they ought to have spoken out, and said so boldly. (Hear! hear !) Considering the situation in which the directors were placed, as the representatives of the Company, with all the necessary documents before them, they should have come to a resolution, that the declaration of war was proper or improper. Then the proprietors would have met to pass a vote of censure or approval on the conduct of the noble earl. But, instead of proceeding in this way, they came forward, contrary to precedent, with a vote of thanks and the grant of a pension to a subordinate officer, while the commander in chief was neglected. All that had been achieved must be considered as emanating from the disposition made by the governor-general and commander in chief. sir D. Ochterlony served under himand yet they passed over, in sullen silence, the individual to whom every act was attributable. Some might think differently-but he considered this proceeding as an indirect censure on lord Moira. It would have been better to have censured him directly and openly, instead of treating him with this contemptuous silence. The court of directors, he conceived in this instance, had acted hastily, inconsiderately and unjustly. If lord Moira had done that which was prudent, let it be stated-if his conduct had been the reverse, why was it not declared? That would have been correct; but to come forward with a vote to a subordinate officer, insinuating censure, by, a side wind, was gross injustice. Notwithstanding this he would not vote against the grant to sir D. Ochterlony, who was an officer of great abilities, and had served the comparry long and faithfully. He possessed no

other fortune than his pay and allowances, and therefore wanted the means to keep up, with appropriate splendour, the dignity which the Prince Regent had conferred on him. These were considerations of great importance-they satisfied him that the grant was proper-but he was displeased at the manner in which the directors proposed it. This mode of proceeding had occasioned a difference of opinion in that court, where unanimity, would otherwise have reigned-where the proposition ought, and would, if properly introduced, have been carried by acclamation. Sir D. Ochterlony had many claims on the company. If he were to enumerate his services, from the time he entered the army, he would detain the court too long. [Mr Hume here briefly adverted to the services, military and civil, of the gallant general, from the Mahratta war, up to that which has been just terminated.] His conduct, on every occasion, had been such as to call for the thanks of that court, and deserved, in his opinion, even a larger sum than that' recommended by the court of directors. His objection was not, therefore, to the grant, but to the manner in which it came before them. Indeed, he was happy to see such marks of beneficence poured on the army. They operated as a stimulus to exertion amongst those who had little hope of preferment, and whose ardent spirit was in consequence depressed. Perhaps the court would permit him, for one moment, to read the language used by an officer, who was about to take the field in the commencement of the Napaulese war. When they had heard the language, they would readily appreciate the feeling by which it was dictated. The company ought not to be backward in giving rewards to their military servants, who, by the course of service, had been deprived of promotion, and were without the slightesl hope of realising fortune or emolument. The officer to whom he alluded, had been 34 years in the service, and wrote in the following terms :-" I expect, in a few days, the command of a battalion, consisting of six grenadier and six light companies, to join in the expedition against Napaul-a point about which I am perfectly indifferent, for my zeal has subsided into sullen apathy, from the disappointment of my hopes. This gentleman, after 34 years service, was only the 20th major in our army. He (Mr. Hume) wished to see a spur given to their officers-he wish. to see some motive to exertion held out to them. If they were not to look to the company for that stimulus which was necessary for the production of zeal, where were they to turn their eyes in search of it? As to promotion, it was so very slow, that it might be left out of the question. Considering the pension, in this point of view, he approved of it perfectly-but he

condemned the way in which it had been brought before them. It would be a shame, if this gallant officer were deprived of that immediate reward which his services deserved, because the directors had been guilty of an informality. He hoped, therefore, that the gentlemen within the bar would take a lesson from this circumstance, and act, in future, in an open and candid manner, telling those who acted meritoriously, that they had done so, and, on the other hand, not abstaining from direct censure where it was due. He trusted his learned friend would see the propriety of passing over the informallity, which, if it were the means of creating delay, would cast a reflection on the services of this gallant officer. (No! No!) If he (Mr. Hume) thought it would not, he would be unwilling, so partial was he to a strict observance of rules, to object to the postponement. But he was of opinion that delay would have the effect he stated-and as he knew that no man deserved the countenance and support of the East-India Company more than sir David Ochterlony, he would not wish to tarnish, in the slightest degree, that reward which they were called on to give him.

The Chairman trusted the court would believe, that no gentleman sitting behind that bar, could be so much wanting in a sense of propriety, or rather of self-interest, as to propose a measure, favourable to one individual, but intended to hurt the feelings of another. Such a principle was most remote from the minds of those who signed the resolution. They had not the smallest idea, that they were doing that, which, by possibility, could produce objections in the general court. If the sentiments of the gentlemen who had last spoken were those of the proprietors at large, he should feel it to be his duty to bow to them-but, he believed, he was not obliged to take up, and act upon, the individual opinion, of one or two persons. He was much surprised at the view the two hon. gentlemen had taken of the subject, and at the course which they pursued. In agreeing to this resolution, the directors, united, never knew that they were transgressing any rule of propriety, and no such idea prevailed in any other quarter. It was suggested, that the course of proceeding adopted by the directors cast a slur upon an individual. He could assure the court that the directors were quite unconscious of having trenched on the regard or respect due to any person. The hon. and learned gent. said, that there was irregularity in the proceeding. If there were, he (Mr. Grant) did not know where it existed. Nor, indeed, did the learned gent. himself; for he afterwards argued, that it was a sort of expediency which induced him to oppose the motion. With respect to the papers, he denied that they

had been refused. Every proprietor was at liberty to peruse them. But, as to laying them before the court, that was another thing. There was no bye-law to authorize that proceeding. The bye-law relating to pensions did not contain a syllable about the production of papers. The section which followed, and which had reference to gratuities, did indeed direct, that papers should lie open for the inspection of the proprietors. But this section had no connection with the question before the court. And, in truth, so far from any desire being entertained, to prevent the perusal of the documents relative to this case, the direct contrary was the fact;-for more was actually done than the bye-law called for. The papers were left open to the inspection of the proprietors in the house ;-the learned gentleman had profited by the opportunity; and he (Mr. Grant) wished he could say he had made a very liberal use of it. (hear, hear!) With respect to the resolution before the court, it could not be decided now ;-it was necessary that a second general court should be assembled, before the business was concluded. The papers were lying on the table, and if gentlemen were disposed to have them read, they could be read by the officer, which was the regular course of proceeding. This, he hoped, was a sufficient answer to the first objection.

Mr. R. Jackson.-I understand you to state, that a second opportunity of considering this question will occur.

The Chairman.-I understand that to be the case.

Mr. R. Jackson said, he wished that the papers should be laid before them, and that farther time should be given, in order to consider the subject fairly. But, if the hon. chairman was right in his construction of the law, when he said a second court would be necessary, then he (Mr. Jackson) was ready to wave his objection.

Mr. Bosanquet, to order.-I conceive that two courts are not necessary. If any explanation be wanting, our counsel is in court, and can give it.

The Chairman admitted that he was in error, and then proceeded. Before he touched on the second objection, he wished to correct a mistake into which the hon. gent. (Mr. Hume) had fallen. The hon. gent. charged him with having stated, in speaking of sir D. Ochterlony," that all the other officers employed were unsuccessful." He had said no such thinghe could not say so, in the face of all the documents. What he said was, "that sir D. Ochterlony was uniformly successful, when other officers were unsuccessful." He was uniformly so, and upheld our cause, in that war, when other officers failed. This was all he said, or meant to say; and the hon. gent. certainly had no right to take him up on this

He (Mr.

ground. The other objection was, that he and his honourable colleagues had departed from the usual practice in such cases, because they had not come forward, on this occasion, with a vote of thanks to the commander-in-chief. Grant) did not know that any such rule was established. If such a proceeding were a mere thing of course, it would take away the value of it, in a very great degree. If a vote of thanks were, as might be supposed, from what had been said, a mere matter of form, very few persons would think it worth their acceptance. The learned gent. had not proved the existence of any such custom. All he did was, in the face of the proprietors, to censure the court of directors-and, instead of proceeding to the busiTess before the court, he amused himself by charging the executive body with a departure from propriety. That point he would leave for the court to decide upon. But he begged to observe, that he, for one, had not the smallest idea of disposing of the general question, on which some difference of opinion existed in the present instance. He was sure, that there was not a feeling in the minds of one of the directors, when they agreed to the resolution, that they were reflecting on any person's conduct. With respect to lord Moira,as he was governor-general and commander-in-chief, approbation voted to him would go to an extent far beyond what it reached in sir D. Ochterlony's case. In the one instance, it covered the whole of the events, from the commencement of the war,-those points in which they succeeded, as well as those in which they did not-while, in the other, it merely referred to specific acts of military gallantry, without looking at all to the various subjects with which the war was connected. Those were questions to be taken up when the business was completely finished. The learned gent. had given a very decided opinion on every part of the subject-but others, perhaps, did not view it exactly as he did; and he (Mr. Grant) did not know, that, because the directors had not proceeded in the line which he (Mr. Jackson) conceived the most proper, that they were, therefore, in the wrong. It would be to take the executive power out of their hands, if, on every occasion when individuals dissented from their opinion, they were obliged to give up that which their judgment told them was correct. The court of directors were responsible for every act done by them, and, if they conducted themselves improperly, let the business be taken up and pursued in the regular way; but it was not usual in that court, with so little notice, with so little decency, to arraign the character of the whole body of directors. (Hear! hear!) might not be improper, here, to notice the conduct of the Prince Regent, who,

It

in conferring honours on sir D. Ochterlony and some other officers, did not appear to participate in the feeling of the learned gent. or to be at all apprehensive that other persons, who were not so distinguished, would conceive themselves insulted by the proceeding. He (Mr. Grant) was very sorry to see a proposition of this nature treated in such a manner, if, when the business was concluded, the directors were thought wanting in their duty, he would willingly obey the general opinion of the court; but individuals were not to prescribe to them what they were to do. If such a principle were admitted, their situation would be pitiable indeed. Their responsibility was of a very serious nature; and, when the business was at an end, let their couduct, subject to that responsibility, be fairly tried but they could not suffer dictation. They were not to be told this you should have done, and that you should have done;-they were not placed in that situation to obey the caprice of any individual. (hear, hear!) Such conduct went very much to take all power of proceeding out of their hands; and therefore he must strongly object to it, as quite unnecessary and improper. As to the doctrine of the other hon. gent. (Mr. Hume) who asserted, that the directors, by acting as they had done, prevented the proprietors from being unanimous, he could only say that he sincerely wished he could find out the art of making them unanimous! (a laugh.) The hon. chairman then adverted to the disposition which appeared, in some gentlemen, to place, in the most unfavourable light, every transaction of the directors ;-and concluded by hoping, that, under all the circumstances, no farther objection would be made to the grant submitted to the court.

The hon. D. Kinnaird felt placed, by what had fallen from the hon, chairman, in a very aukward situation; because it appeared, that no gentleman, in that court, could offer his sentiments without exposing himself to the hazard of a personal attack. If he (Mr. Kinnaird) were not placed there to speak, when the interests of the proprietors demanded it, and to know the reason when he gave away money, or refused to do so, for what, he should wish to know, did he come there? (hear, hear !) He protested against such conduct, in the name of every thing fair and honest. He trusted that the learned gentleman (Mr. Jackson) would not, in consequence of what had been levelled at him, desist from stating to the court his opinion, and giving to the proprietors the benefit of his great experience. To his exertions they were indebted for that bye-law, which gave them something like a control over their money-and he hoped they would still proceed reaping the benefit of his wisdom and intelligence. When he